SECOND SECTION

DECISION

Application no. 6431/14 Alexandra MIHAILIUC against the Republic of Moldova

The European Court of Human Rights (Second Section), sitting on 22 April 2021 as a Committee composed of:

Branko Lubarda, President, Carlo Ranzoni, Pauliine Koskelo, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application lodged on 17 December 2013 ,

Having regard to the formal declaration s accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Ms Alexandra Mihailiuc , is a Moldovan national who was born in 1955 and lives in Codru . Leave to represent the applicant before the Court was granted to her daughter, Ms I. Pavlova.

The applicant ’ s complaints under Article 6 § 1 of the Convention concerning the upholding of a late appeal were communicated to the Moldovan Government (“the Government”) .

On 29 March 2021 the Court received a friendly-settlement agreement signed by the parties, under which the applicant agreed to waive any further claims against the Republic of Moldova in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her ex gratia 8,820 Moldovan lei (MDL). This amount will be payable within three months from the date of notification of the Court ’ s decision and will cover any pecuniary and non-pecuniary damage as well as costs and expenses. In the event of failure to pay this amount within the above ‑ mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. Under the terms of the same agreement reached by the parties, the Government also declined any responsibility in respect of any other disputes involving the applicant and other third parties which may have any relation with the present case. The parties further stipulated that in the case that a dispute between third parties and the applicant would bear on the clauses of the present agreement, the Government will have the option to intervene in the proceedings if requested by the applicant and plead in favour of the present agreement. At the request of the authorities, the Government will interpret the clauses of the present agreement and explain the manner of its execution. Finally, the same agreement also mentioned that once accepted by the Court, the agreement shall have the force of a warrant of enforcement and the sums provided therein shall be paid unconditionally by the Ministry of Finance at the request of the Government Agent to the bank account presented by the applicant. The payment will constitute the final resolution of the case.

THE LAW

The Court takes note of the agreement reached between the parties and finds that the case should be treated as a friendly settlement between them. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.

In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention .

Done in English and notified in writing on 20 May 2021.

Viktoriya Maradudina Branko Lubarda              Acting Deputy Registrar President